Using the United States Patent Office Website as a Research Resource

The United States Patent and Trademark Office (USPTO) maintains an information-rich website that can be extremely valuable as a research tool. The only official website of the USPTO, www.uspto.gov contains enormous amounts of searchable information regarding specific patents and trademarks, a listing of patent and trademark laws and regulations, and news items regarding current issues.

To use the website (as currently configured), go to the home page and click on the area that is of interest, either “Patents” or “Trademarks.” By clicking on “Patents,” users are presented with a comprehensive table of contents that lists all of the resources available on the website.

For research purposes, the portion of the website that probably is of most interest is available by clicking on “Search Patents.” This entry leads to a menu of different types of searches that can be performed in the respective databases.

A very useful search is simply titled “Patent Number Search.” This is helpful for users who have a particular U.S. patent number and would like to obtain a copy of the same. By typing the patent number in the box provided on the search page, users will immediately obtain access to a data sheet that contains the abstract, bibliographic data (such as, for example, the name(s) of the inventors, the entity that owns the patent, and the filing date of the application), the references that were cited in the application, and a listing of all of the claims of the patent. A copy of the full patent, with drawings, can be accessed by clicking on “Images” at the top of the data sheet. The full-page images are in a file format known as tag image file format (TIFF). In order to view these files, your workstation must have a browser plug-in, similar to those required to access ADOBE^® portable document format (PDF) files. The ability to view and print full patent images is a great time- and money-saver because, prior to the availability of these patents on the USPTO website, copies of patents had to be ordered (and paid for) from libraries or commercial services.

Many times, however, a patent number is not available and it is desired to search other patent information. This is where the “Advanced Search” feature is useful. For example, to find patents under a certain inventor’s name, type in the inventor’s name (preceded by the proper field code term, in this case “in” followed by a forward slash [“/”]), and the website will list all patents issued in that person’s name.

Similarly, a list of all patents owned by a certain company is available by typing in the company’s name preceded by the correct field code (this time “an” for assignee name then a forward slash [“/]). There are numerous other field codes listed, such as title, issue date, attorney name, and application serial number, which can be used for other targeted searches when specific information is provided.

Another useful feature of the searchable patent database is the ability to use the extensive U.S. patent classification system to search for patents relevant to a particular subject matter. In this way, a very preliminary patentability search of an invention can be performed. By clicking on the phrase “Tools to Help in Searching by Patent Classification,” a listing of all current U.S. classes and subclasses can be displayed. A text search for a particular subject matter can be done, and by means of that search, a class and subclass listing can be obtained. For example, if someone came to me with an invention for a new golf putter, I could determine the class/subclass for putters and get a listing of all of the patents listed in that subclassification.

A warning is in order here: Patent searching is more of an art than a science, and it requires much skill and experience to do a competent and thorough search of an invention. The USPTO website search described above is simply a way to provide a general, very preliminary idea of the state of the art. Under no circumstances should these searches be relied upon to provide definitive opinions concerning the patentability of an invention.

While pending patent applications have traditionally been maintained in confidence, under newly enacted patent law legislation certain relatively recent patent applications are now being published. The ability to search and view published patent applications can give a more current view of a particular company’s or individual’s patent activity. This can be an invaluable resource for keeping tabs on competitor’s research activities and focus.

Space does not permit an extensive discussion of the trademark portion of the website; however, this area of the website is also easily searchable. In contrast to patents, all trademark filings are immediately made public, and the website can be used to check the status of every trademark filing. This is an invaluable source of easy-to-obtain, current information concerning trademark application filings and registrations.

David V. Radack is vice-chair of the Intellectual Property Department of Eckert Seamans Cherin & Mellott, LLC in Pittsburgh, Pennsylvania.

For more information, contact A.B. Silverman at Eckert Seamans Cherin & Mellott, LLC, 600 Grant Street, 44th Floor, Pittsburgh, Pennsylvania 15219; (412) 566-6000; fax (412) 566-6099; e-mail abs@escm.com.